If your company has filed a trademark application with the United States Patent and Trademark Office (USPTO), you may find yourself on the receiving end of unsolicited – and often fraudulent – communications. These scams are not the headline-grabbing kind involving identity theft or ransomware. Instead, they are high-volume, low-dollar schemes designed to exploit the public nature of trademark filings. They’re more of a nuisance than a catastrophe, but they can still cost businesses time, money and peace of mind.
These solicitations often look official and may reference your actual trademark, logo design, application number, filing date or business name. They typically arrive by email or mail and request payment for services like “publication,” “registration,” “monitoring” or “renewal.” The goal is to trick recipients into paying for “services” that are unnecessary, untimely or entirely fictitious.
Examples of Common Scams
- The “Trademark Monitoring” Invoice: This is a common scam in which an unsolicited invoice is sent to an applicant with an offer to monitor a trademark for potential infringement – for a fee of $895 per year. The invoice looks legitimate, includes the USPTO serial number, and implies that failure to pay could result in lost rights. These bad actors are not affiliated with the USPTO and mislead unknowing applicants to pay unnecessary fees.
- The “International Trademark Registry” Scam: In this scam, an email is sent to a trademark applicant claiming their U.S. trademark needs to be registered in an international database to be “fully protected.” The email includes a link to a payment portal and threatens that failure to act will leave the mark vulnerable. There is no registry by this name, and the email is misleading.
- The “Abandonment Warning” Call: This scam warns unsuspecting trademark applicants that their trademark application has been abandoned and that another party has filed for the same mark. The sender urges a phone call to “discuss options.” This is a common tactic to get business owners on the phone, where they may be pressured into paying for unnecessary services.
- Urgent Notice of Attempted Registration of a Similar Domain Name: Many of our clients have received an email stating that someone is attempting to register one or more domain names containing their trademark. The email creates a sense of urgency to prompt the recipient to contact the scammer, who offers to register multiple domain names urgently, before the other party does.
Why You Should Not Respond
Responding – even just to ask questions – can confirm to the scammer that your contact information is valid and that you’re paying attention. This can lead to more solicitations, more aggressive tactics, and even attempts to extract payment or personal information. In some cases, scammers may try to impersonate attorneys or USPTO officials to gain trust.
What You Should Do Instead
- Ignore and delete suspicious emails or letters.
- Do not pay any fees to an unknown sender without first verifying the sender’s legitimacy.
- Forward questionable communications to TMScams@uspto.gov.
- Check your trademark status directly through the USPTO’s Trademark Status & Document Retrieval system.
- Consult with legal counsel before taking any action.
Final Thoughts
These scams thrive on volume and confusion. They target thousands of businesses, hoping a few will pay without asking questions. While they may not be as damaging as other forms of fraud, they are disruptive and wasteful. By staying informed and working with experienced counsel, you can protect your business from these schemes and focus on building your brand – not defending it from fake threats.
If you’ve received a suspicious trademark communication or need help monitoring your filings or protecting your brand, please contact Brad Barz or Julie Matthews, or your regular Lathrop GPM attorney.